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Approved Minutes - 2008-09-08 (02)• • • I. City of Lake Oswego d Planning Commission Minutes_apptOfl · September 8, 2008 I' CALL TO ORDER Chair Julia Glisson called the Planning Commission meeting of Monday, September 8, 2008 to order at approximately 6:00 p.m. in the Council Ch~bers of City HaU, at 380 "A" Avenue, Lake Oswego, Oregon. II. ROLL CALL m. Members present were Chair Julia Glisson, Vice Chair Philip Stewart, Adrianne Brockman, Brian Newman, Mary Olson and Alis.on Webster. Scott Siegel was excused. Staff present were Sarah Selden, Neighborhood Planner; Paige Goganian, Senior Planner; Paul Espe, Associate Pl.anner; Evan Boone, Deputy City Attorney and Iris Treinen, Administrative Support. ·city Manager Alex Mcintyre introduced himself and thanked the Commissioners for their service . CITIZEN COMMENT Barbara Zeller, 3335 Sabina Court, Chair of the Lake Grove Neighborhood Association, reported that she was hearing many complaints about smoke from backyar<;f fire pits. She said she had talked with the fire Marshai about it and was told if the burner had a permit, it was legal. She asked fot advice. Mr. Boone suggested she discuss the matter with the Community Development .Director. IV. PUBLIC HEARINGS Palisades Neighborhood_ Plan _(LU 08,0045) A request from the City of Lake Oswego and the Palisades neighborhood Association for a Comprehensive Plan text amendment to incorporate the Palisades Neighborhood Plan. Chair Glisson opened the public hearing and explained the applicable procedtire. She asked the Commissioners to declare any conflict of interest. None were declared. Sarah Selden, Neighborhood Planner, presented the staff report. She explained there were two versions of the Palisades Neighborhood Plan: one that would be incorporated into the Comprehensive Plan, and a more detailed version that included intemal changes the Association could implement on their own. She recalled the history of the Palisades Neighborhood Plan plannipg process, described the neighborhood, and highlighted key aspects. She said the Plan called fot the City to help the neighborhood preserve their history, natural resources, single-family chMacter, involve members, communicate better City of Lake Oswego Planning Commission· Minutes of September 8, 2008 Pagel of7 internally and with the School District, resolve conflicts and promote sustainable practices. They wanted to work with the Historic Resources Advisory Board (HRAB) to preserve and increase awareness of historic sites, including Pioneer Cemetery. They felt • the City could make conflict resolution services available. They ant_icipated ta,king · additional action after the Plan was implemented to consider using design overlay zones and to develop a pilot lak.efront zone. Ms. Selden reported that after the Neighborhood Planning Cotntnittee heard the Commissioners question the maximum Floor Area Ratio (FAR) and floor area on congregate and residential care hottsing that they h~d previously proposed, they decided to keep the proposal for an FAR limit of 0.6 but eliminate the maximum floor area and lise design standards instead. Those standards were to make those facilities look more like a group of single-family homes. Implementation would include additional research and a proposal for a specific maximum roof pitch for the facilities. Ms. Selden said the Association also anticipated they would fashion a scenic concept plan for Overlook Road and the association noted that they wanted to be involved in any process of changing the Urban Services BoUildaty (USB) irt the Stafford area. They wanted traffic studies, more pathway segments to be linked ~d ·enforcement of traffic regulations. They wanted to explore shuttle service to fill the void of transit service to the neighborhood. She said they planned to appoint a plan implementation committee. Ms. Selden reported that staff found the proposed plan complied with applicable criteria and they recommended that the Planning Cortlrtlission recommend it to the City Council. Public Testimony Mark Easley, 1921 Woodland Terrace, who served on the Palisades Neighborhood Assochition board -aiid-on the -Neighborhood Planning Committee,· stated that he and a consensus of Association members supported the 20-year plan and vision, but he wanted everyone to understand that the Action Steps still needed to be vetted by the entire membership. He said the residents did not want new regulations enacted without a process to ensure due diligence. The Commissioners advised that any proposal to change zoning or the Community Development Code (CDC) had to involve a public hearing. Sally Moncrief(, 2643 Rivendell Road, Chair of the Palisades Neighborhood Association, asked the Commissioners to recommend the current version of the plan, which she said stayed true to the plan the membership h~d approved. During the questioning period she clarified that a future pathway segment on Fernwood Drive that Commissioner Siegel had been concerned about had be~n inadvertently left out of the short version, but was listed in the detailed version of the plan. Marlin DeHaas, 1425 Cherty Crest Drive, stated that he and his family liked the way things were. Lee A. Wicklund, 16860 Lakeridge Drive, said the proposed plan reflected what neighborhood residents Wanted and needed. City of Lake Oswego Planning Commission Minutes of September 8, 2008 Page 2of7 • • J • • • John Surrett, 1685 Edgecliff Terrace, explained that he had once served as Area 1 Representative and on the Neighborhood Planning Committee, but he had never been consulted about the possibility of a design overlay or a lak~front zone. He wanted to know where that idea originated. Ms. Selden recalled that several years ago the Planning Commission had. observed that lakefront properties had unique lot conditions, including steep slopes, orien~tion to the lake ~d the de~ire for preservation of lake views. At that time the City conducted research, but did not follow through with, development of a lakefront zone. She said the Palisades Neighborhood Association had indicated there was . still an interest in exploring the feasibility of developing a lakefront zone. Chair Glisson recalled a special zone was being explored by the City because lakefront developers applied for so many variances. There was no other public testimony. Chair Glisson. closed the hearing to public testimony. Deliberations Commi~sioner Brockman moved to recommend that the City Council adopt LU 08-0045. Commissioner Newman seconded the motion and discussion followed. Commissioner Broc~an explained that each neighborhood was different and it was appropriate for one neighborhood to have its o'Wn set of design standards for care facilities. Commissioner Newman explained that the action steps reflected this particular neighborhood's perspective and should be on record. He noted that the limit on the floor area of care facilities that he and Commissioner Siegel had been concerned about had been removed . Ms. Selden clarified that the Association planned to consider the congregate housing proposal further in a future separate process. Chair Glisson and Commissioners Newman and Olson said the plan was the best yet and they hoped each new neighborhood plan would be an even better product. Chair Glisson liked the fact that the neighborhood association had also submitted a shorter (Comprehensive Plan) ven;ion, and that th~y had described neighborhood character in the appendix, which would help them when they considered design overlays. Ms. Selden corrected the Comprehensive Plan version to include the full list of pathways and an actiori step to update the transportation system that should have been transferred from the full version of the plan. The vote was held and ·the motion passed 6:0. Chair Glisson announced the vote on the findings, would be conducted at the next Planriing Corfiifiission meeting. ~onnection of City Sewer Service to Unincorporated Property (LU 08-0049) A reques.t from th~ City of Lake Oswego fot a Comprehensive Plan amendment to GoaJ 14, Policy 11, allowing temporary connection of City sewer service to unincorporated property within 300 feet of an existing City sewer line. Chair Glisson opened the public hearing and explained th~ applicable procedure and criteria. She asked the Coin.iiiissioners to declare any conflict of interest regarding the application. None were declared, City of Lake Oswego Planning Commission Minutes of September 8, 2008 Page 3 of7 Paul Espe, Associate Planner, presented the staff report. He explained that the proposed change would allow oWners of properties with failed septic systems who could not annex to the city to receive city sewer seryice if they agreed to annex in the future. He showed a • map of an ar~a along Childs Road that highlighted properties that were potential candidates for such service. He reported that staff had invited 150 area property owners to an open house; 25% of them had attended; and approximately one-h~f (1/2) of those jn attendance were ready to commit to sewer service. ·He clarified that some of the properties were not close enough to a City of Lake Oswego-controlled roadway to qualify for "cherry stem annexation" because some roads there, including a segrnellJ of Childs Road, were in the City of Rivergrove. He recommended adoption of the amendment. During the questioning period, staff confirmed that they had considered other alternatives; . including asking Rivergrove to ''de-annex" half of Childs Road so Lake Oswego could moc\ify the usa, However, Rivergrove did not fipd th~t acceptable. They confirmed that there was ail intergovetmilental agreement that allowed Rivergrove to use Lake Oswego sewer service. Staff explained they had held the open house for the purpose of assessing interest in sewer connection. They advised that 50% of area property owners would have to vote for annexation in order to annex the entire area, and one owner in a series could hold up the annexation ~d sewer connec:tion of contiguous properties. Public Testimony Marlin DeHaas, 1425 Cherry Crest Drive, urged the City to handle individual failed septic systems administratively, as a hardship situation. He explained that to amend the , Comprehensive Plan for this purpose WOl!ld have unintended consequences, upset the • continuity of City service and confuse emergency service providers. He advised the Commissioners to wait for a report from the City Engineer and to let the new City administration weigh in on "piecemeal" annexation. He ~so advised that stretching out the boundary for a "cherry stein annexation" was bad policy because it reached out to serve sorne lots and left others out. He advised there were many failing septic systems the City did ,not know about, and that situation had once led to a "health hazard annexation" near Marylhurst. Commissioner Brockman explained the proposed amendment required county verification that a septic system had failed and the lot could not accommodate a new septic system. She said it would apply to very few properties and allow those occupants to continue to occupy the house. Staff explained they proposed an amendment because sewer service could not be connected consistent with the Comprehensive Plan without an amendment. Peter Klaebe, Chair of the_ Rosewood Neighborhood Association/CPO, said the amendment was the best way to deal with the increasing nu,mbers of failing septic systems in his neighborhood. He reported that cost was an issue with owners there, and they were resistant to forming a Local Improvement Dist~ict (Lib). He related that when one system had failed-in July, the property owner had to pay $60,000 to extend the sewer line 260 feet down the street to his lot-and bypass a lot whose owner refused to annex and -· pay his fair share of the cost. He suggested the subject area might be designated as an • City of Lake Oswego Planning Commission Minutes of September 8, 20.08 Page4 of7 • loi • • • urban renewal district for the purpose of providing sewer to the entire neighborhood. He asked staff to publish the results of the May open house survey. During the questioning penod, he explained residents were resistant to an LID due to the cost, and they w~re reluctant to annex to the City and pay the increased tax burden stelll111,ing :from purcba.se of the West End Building and the Sewer Interceptor project. The Commissioners advised him an LID could be paid for over a 20:.yeat period and they suggested the City offer sorne type of :6.nMcing an-angement to i11dividual owners who had to pay $10,000 to co:tmect from the street to their house. They reasoned that one failing system could mean there were others failing nearby. When asked, staff clarified that most of the owners who responded to the open house invitation and were interested in connecting owned smaller lots. They said they could present area property owners with a cost benefit analysis comparing the cost of incremental connectio]lS with the cost of a project to extend service to the entire area. Lisa Volpel, 5655 Kenny Street, who lived in the. Rosewood Neighborhood, explained that she owned a large enough lot, with appropriate soils, and did not want to be forced to connect to sewer when it came within 300 feet of her lot. She advised that an unfortunate owner rriight have to extend the line 300 feet (or 500 feet on a comer lot) down the street at a cost of $300 per foot. She explained that people did not wa,nt to pay for an LID they believed they did not need. She suggested that owners who connected, but did not annex, should be charged more for sewer service. The Commissioners observed that another Jactor to con~ider was the impact of failing septic systems on the water aquifer. Ms. Volpel said that depended on the soils -some parts of the neighborhood had appropriate soil for a septic system, and some did not. - Commissioner Newman moved to approve LU 08-0049. Commissioner Brockman seconded the motion and discussion . follow:ed. Commissioner Newman said staff proposed an "ad hoc" approach that was the ·best solution for a bad situation, but he hoped the City would work with the COlll1ty and the neighborhood to find a more comprehensive approach that property owners could understand and support. Chair Glisson agreed. Commissioner Brockman observed sewer construction cost was getting more expensive every year a,nd property owners ought to try to connect sooner, rather than later-Commissioner Newman suggested the owners of property that had adequate room and adequate soil be allowed to repair and install septic systems. Staff advised that they could do that if the lot was more than 300 feet from an existing sewer line. The vote was held and the motion passed 6:0. Chair Glisson announced the vote on the findings, would be conducted at the next Planning Commission meeting. V. WORK SESSION Boones Ferrv Road_ Refinement Studies lPP 08·0013) Follow:. up discussion on finalizing a draft request for proposal (RFP) for a refinement study. Paige Goganian, Senior Planner, presented the draft version of the Request for Proposal (RFP). She related that staff had asked for suggestions from the City Engi~eer and City Councilor Frank Groznik. Ba.Sed on their input staff revised the docl1Illent so it now City of Lake Oswego Planning Commission Minutes of September 8, 2008 Page 5 of7 ( asked for a schematic design level refinement plan, rather than a "preconstru~tion level" refinement plan. The refined technical concept plan, its related costs, and funding scenarios would then be vetted in a public process. A detailed design phase and the • construction phase would come later. She said th~y had l)l!:!,de aiJ. advisory c<.>mmittee part of the process, as the Commissioners had requested. She reported that the City Council was to hold a work session to review the RFP, and it was the Council that would decide the membership and charge of the advisory committee. The Col)lil)issioners observed the document called for the advisory committee to establish project goals and evaluation criteria and they specified th!:!,t th~y wantecl those to be clearly tied to Lake Grove Village Center Plan goals. They Wanted to emphasize that there had to be a full public discussion. They stressed that the consultant selection process was to be an open, public process. Staff said they would hold a pre-proposal conference and they would distribute the answers to questions posed by any potential candidate contractor to all potential contractors. The Commissioners directed staff to advise the City Council they would fashion ~ recommendation regarding the advisory committee if the Council wanted them to do that. Public Comments Carolyn Krebs, 16925 Denney Court, saw a need to clj:U'ify when the advisory committee would hold a public meeting and when there would be a general public meetit;lg. Staff confirmed that the advisory committee and consultant were to work together to draft criteria for evaluating the refinement plan before the public kickoff meeting. She advised the City to encourage the consultant to keep the cost down by not • doing their own. tests if that data was alre!:!,dy available elsewhere. Staff said they could provide potential contractors with the surveys and data they already had. Ms. Krebs asked on what basis and who was to determine what was an "unacceptable" economic or traffic impact. The Cottlttlissioners suggested an "unacceptable" impact would be an impact that made the current condition Worse. Ms. Krebs suggested it specify, "adverse economic impacts based on the established criteria" to clarify how it was to be evaluated. Ms. Krebs said she was concerned that language regarding "funding scenl:!,rlos" was biased ill favor of an urban renewal project, and she said if it Were retained the document should also call for consideration of how such a program might reduce General Food money available for competing, citywide projects. She also held that projects that were not part of roadway improvement should not be analyzed in the Boones Ferry Road refinement plan. The Commissioners observed the Lake Grove Village Center Plan itself specifically called for evaluating afi urban renewal program funding mechanism, as well as other means. They noted that the gateways and public parking facilities were transportation-related and it was appropriate to call for the consultMt to consider how to fund them. Ms. Krebs suggested the City should instead add a public parking facility to the Capitol Improvement Project (CIP) list now because of the immediate need for parking. Chair Glisson and Ms. Goganian agreed with Ms. Krebs that the advisory committee and the consultant should have an opportwrlty to use stakeholders' input to craft a discussion guide before a general public vetting. ·They suggested the committee •. . should solicit input and· educate the public about the cJi:(ferent funding options before the City of Lake Oswego Planning Commission Minutes of Sep~ember 8, 2008 Page 6 of7 • • • • VI. VII. I public meetings so the public would come in to the meetings with knowledge and understilnding and the discussions·could be as meaningful as possible . The Commissioners continued to discuss the public involvement program .. They stressed it had to be a "very public" process with a high level of public involvement in the early stages. They wanted to better describe who the "public" was and they worried about the potenti~ cost of requiring the consultant to conduct "one-on-one'' stakeholder interviews with all affected property owners, business owners, neighborhood representatives and business associations in the project area, as Commissioner Siegel suggested in his September 6th emailed comments. They wondered if staff could help the consultant solicit input from individual stakeholders who did not attend the public meetings. They generally agreed th~ RFP should specify the program to involve and get reco~endations "from the public, particularly Lake Grove commonity stakeholders, including residents, institutional and business representatives and commercial property owners.;' Chair Glisson asked staff to reword a bulleted item to make it clearer that the goal to increase · pedestrian activity could increase potential conflict between vehicles turning into driveways and pedestrians crossing driveways. Commissioner Brockman moved to direct staff to incorporate the suggestions the Commissioners had made during the hearing and then reconunend it to the City Council. Commissioner Newman seconded the motion and it passed 6:0. OTHER BUSINESS -PLANNING COMMISSION Commissioner Brockman reported that she had met with ·Staff to learn more about the Sensitive Lands Ordinance. She suggested the Commission arrange to view a slide show about what the City of Pa1o Alto had done tb~t the Long l®lge Planning Manager was to show the Infill Task Force. OTHER BUSINESS-COMMISSION FOR CITIZEN INVOLVEMENT None. VIII. ADJOURNMENT There being no further business before the Planning Commission, Chair Glisson adjourned the meeting at 9: 18 p.m. City of Lake Oswego ~Ianning Coiiirtlissioli Minutt:s of September 8, 2008 Respectfully submitted, y~ Iris Treinen Administrative Support Page 7 of7